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31 DECEMBER 2012. - Act respecting various provisions in the matter of justice (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER 2. - Amendments to the relevant legislation
temporary frames near the courts of appeal and public prosecutors
Section 1^re. - Amendments to the Act of 29 November 2001 setting a temporary framework for counsellors to resorb the backlog in appeal courses
Art. 2. In section 2 of the Act of 29 November 2001 establishing a temporary framework for counsellors to resolve the backlog in appeals courses, last amended by the Act of 28 December 2011 on various legal provisions (I), the words "of eleven years" are replaced by the words "of twelve years".
Art. 3. In article 3, paragraph 1^er, of the same law, last amended by the Act of 28 December 2011 on various provisions concerning justice (I), the words "of eleven years" are replaced by the words "of twelve years".
Section 2. - Amendments to the Act of 14 December 2004 amending the Act of 3 April 1953 of judicial organization, the Act of 2 July 1975 defining the framework of the staff of the courts of first instance and section 211 of the Judicial Code
Art. 4. In section 8 of the Act of 14 December 2004 amending the Act of 3 April 1953 of a judicial organization, the Act of 2 July 1975 defining the framework of the staff of the courts of first instance and section 211 of the Judicial Code, last amended by the Act of 28 December 2011 on various provisions concerning justice (I), the number "2012" is replaced by the number "2013".
Art. 5. In section 9 of the Act, last amended by the Act of 28 December 2011 on various legal provisions (I), the number "2012" is replaced by the number "2013".
Section 3. - Amendments to the Act of 10 August 2005 amending the Act of 3 April 1953 of a judicial organization and temporarily authorizing the appointment of judges in overcrowding, with respect to the Court of Appeal of Ghent
Art. 6. In section 3 of the Act of 10 August 2005 amending the Act of 3 April 1953 of a judicial organization and temporarily authorizing the appointment of judges in overcrowding, with respect to the Court of Appeal of Ghent, last amended by the Act of 28 December 2011 on various provisions concerning justice (I), the number "2012" is replaced by the number "2013".
Art. 7. In section 4 of the Act, last amended by the Act of 28 December 2011 on various legal provisions (I), the number "2012" is replaced by the number "2013".
Art. 8. In section 5 of the Act, last amended by the Act of 28 December 2011 on various legal provisions (I), the number "2012" is replaced by the number "2013".
Section 4. - Amendment of the Act of 20 December 2005
of various legal provisions
Art. 9. In section 8 of the Act of 20 December 2005 on various provisions on justice, last amended by the Act of 28 December 2011 on various provisions on justice (I), the number "2012" is replaced by the number "2013".
Section 5. - Amendments to the Act of 12 March 2007 amending the Act of 3 April 1953 of a judicial organization in respect of the Court of Appeal of Mons and the Court of First Instance of Ghent and temporarily authorizing the appointment of Magistrates, with respect to the Court of Appeal of Mons
Art. 10. In sections 4 and 5 of the Act of 12 March 2007 amending the Act of 3 April 1953 of a judicial organization in respect of the Court of Appeal of Mons and the Court of First Instance of Ghent and temporarily authorizing the appointment of Magistrates, in respect of the Court of Appeal of Mons, last amended by the Act of 28 December 2011 on various provisions in the matter of justice (I), the number "2012" is replaced each time.
Section 6. - Entry into force
Art. 11. Except for the articles of the first section that produce their effects on 18 December 2012, this chapter comes into force on 1^er January 2013.
CHAPTER 3. - Increase in executives in the courts of first instance and prosecutor ' s prosecutor ' s offices in the context of immediate appearance and the fight against tax evasion
Art. 12. In Table III "Trial Courts of First Instance" annexed to the Act of 3 April 1953 of a judicial organization, last amended by the Act of 12 March 2007, the following amendments are made to the column "Judges":
1° at Antwerp's seat the number "51" is replaced by the number "52";
2° at Hasselt's seat the number "15" is replaced by the number "16";
3° at the headquarters of Louvain the number "16" is replaced by the number "17";
4° at the seat of Nivelles the number "14" is replaced by the number "15";
5° at the Ghent headquarters the number "32" is replaced by the number "33";
6° at the headquarters of Bruges the number "21" is replaced by the number "22";
7° at the headquarters of Liège the number "38" is replaced by the number "39";
8° at the seat of Arlon the number "5" is replaced by the number "6";
9° at the headquarters of Namur the number "13" is replaced by the number "14";
10° at the headquarters of Charleroi the number "32" is replaced by the number "33".
Art. 13. In the expectation of setting up language frameworks and frameworks on the basis of the measurement of the workload of the files in the respective languages by means of a uniform registration system, two judges are appointed in overcrowding in the Brussels Court of First Instance, one of which belongs to the French-speaking framework and one to the Dutch-speaking framework.
Art. 14. In Table III "Tribunals of First Instance" annexed to the same Act, last amended by the Act of 12 March 2007, the following amendments are made to the column "Promotions of the Crown Prosecutor":
1° at Antwerp's seat the number "55" is replaced by the number "57";
2° at Hasselt's seat the number "16" is replaced by the number "17";
3° at the headquarters of Louvain the number "17" is replaced by the number "18";
4° at the Nivelles headquarters the number "15" is replaced by the number "16";
5° at the Ghent headquarters the number "35" is replaced by the number "37";
6° at the headquarters of Bruges the number "24" is replaced by the number "25";
7° at the headquarters of Liège the number "41" is replaced by the number "43";
8° at the seat of Arlon the number "5" is replaced by the number "6";
9° at the headquarters of Namur the number "14" is replaced by the number "15";
10° at the headquarters of Charleroi the number "36" is replaced by the number "37";
11° at the headquarters of Mons the number of "22" is replaced by the number "23".
Art. 15. In the expectation of setting up language frameworks and frameworks on the basis of the measurement of the workload of the files in the respective languages by means of a uniform registration system, three substitutes of the King's prosecutors are appointed in overcrowding at the Brussels Court of First Instance, two of which belong to the French-speaking framework and one to the Dutch-speaking framework.
Art. 16. In the table in section 1^er of the Act of 2 July 1975 defining the framework of the staff of the courts of first instance, as last amended by the Act of 8 June 2008, the following amendments are made to the column "Registrars":
1° at Antwerp's seat the number "65" is replaced by the number "66";
2° at Hasselt's seat the number "19" is replaced by the number "20";
3° at the headquarters of Louvain the number "20" is replaced by the number "21";
4° at the Nivelles headquarters the number "17" is replaced by the number "18";
5° at the Ghent headquarters the number "40" is replaced by the number "41";
6° at the headquarters of Bruges the number "27" is replaced by the number "28";
7° at the headquarters of Liège the number "49" is replaced by the number "50";
8° at the seat of Arlon the number "7" is replaced by the number "8";
9° at the headquarters of Namur the number "16" is replaced by the number "17";
10° at the headquarters of Charleroi the number "39" is replaced by the number "40".
Art. 17. In the expectation of setting up language frameworks and frameworks on the basis of the measurement of the workload of the files in the respective languages by means of a uniform registration system, two clerks are appointed in overcrowding at the Brussels Court of First Instance, one of which belongs to the French-speaking framework and one to the Dutch-speaking framework.
CHAPTER 4. - Amendments to the law
of 3 April 1953
Art. 18. In the table in section 1^er of the Act of 3 April 1953 of a judicial organization, replaced by the Act of 20 July 1998 and last amended by the Act of 12 March 2007 the number "12" in the column "Deputies of the Attorney General" in relation to the headquarters of Brussels, is replaced by the number "14".
Art. 19. In the table "The number of substitutes of the King's procurator specializing in tax matters in the courts of first instance" annexed to the same law, replaced by the Act of 20 July 1998, the following amendments are made to the column "The number of substitutes of the King's procurator specializing in tax matters (included in the number of substitutes of the King's procurator)":
1° at Antwerp's seat the number "3" is replaced by the number "4";
2° at the headquarters of Brussels the number "4" is replaced by the number "5";
3° at the Ghent headquarters the number "3" is replaced by the number "4";
4° at the headquarters of Liège the number "3" is replaced by the number "4";
5° at the seat of Mons the number "3" is replaced by the number "4".
CHAPTER 5. - Amendments to the Judicial Code
Art. 20. Sections 282 and 283 of the Judicial Code, restored by the Act of 25 April 2007, are repealed.
Art. 21. In section 287 of the same Code, replaced by the Act of 25 April 2007, paragraphs 1^er, 2 and 4 are repealed.
Art. 22. Section 287bis of the same Code, replaced by the Act of 25 April 2007, is replaced by the following:
"Art. 287bis. The provisions applicable to staff members at levels B, C and D, referred to in section 177, § 2, with respect to classification arrangements in families of duties, shall be applied to staff members in the rank of Clerk and Secretary. "
Art. 23. In the same Code, an article 294bis is inserted as follows:
"Art. 294bis. When legal or regulatory provisions appeal to magistrates to occupy a position referred to in Article 294, paragraph 2, the magistrate must be heard by a judge in office, the retired magistrate for reaching the retirement age, as referred to in Article 383, § 1^er, and the former magistrate who was granted resignation and who was also authorized to carry the honorary title of his duties. "
Art. 24. Section 287sexies of the same Code, inserted by the Act of 25 April 2007, is supplemented by a paragraph written as follows:
"By derogation from paragraph 1^er, the appeal to candidates to the Belgian Monitor may mention that applications for vacancies may be submitted by ordinary letter or in any other form. The appeal may also, taking into account the classification, set the maximum number of participants to the complementary test. "
CHAPTER 6. - Amendments to the Act of 31 January 2007 on judicial training and establishing the Judicial Training Institute
Art. 25. In section 38, paragraph 2, of the Judicial Training Act of January 31, 2007, establishing the Judicial Training Institute, as amended by the Acts of December 22, 2009 and February 23, 2012, the words "for the following three fiscal years" are replaced by the words "for the next four fiscal years".
Art. 26. In section 38, paragraph 2, of the Act, as amended by the Acts of 22 December 2009, 23 February 2012 and the Act of 27 December 2012 dealing with various provisions of justice, the words "for the next four fiscal years" are replaced by the words "for the next five fiscal years".
Art. 27. Article 25 produces its effects on 1^er January 2012.
Section 26 comes into force on 1^er January 2013.
CHAPTER 7. - Amendment of the Act of 25 April 2007 amending the Judicial Code, including provisions relating to level A judicial personnel, clerks and secretaries, and provisions relating to the judicial organization
Art. 28. In section 172 of the Act of 25 April 2007 amending the Judicial Code, including provisions relating to level A judicial personnel, clerks and secretaries, and provisions relating to the judicial organization, § 4 is repealed.
CHAPTER 8. - Amendment of the Act of 17 May 2006 establishing courts of enforcement of sentences and the Act of 17 May 2006 relating to the external legal status of persons sentenced to deprivation of liberty and the rights recognized to the victim in the execution of the sentence
Art. 29. In section 51 of the Act of 17 May 2006 establishing courts of enforcement of sentences, as amended by the Acts of 21 December 2007, 24 July 2008 and 3 August 2012, the words "and not later than 1^er September 2013" are replaced by the words "and no later than 1^er September 2015".
Art. 30. In section 109 of the Act of 17 May 2006 on the external legal status of persons sentenced to deprivation of liberty and the rights recognized to the victim in the execution of the sentence, as amended by the Acts of 21 December 2007, 24 July 2008 and 3 August 2012, the words "and not later than 1^er September 2013" are replaced by the words "and no later than 1^er September 2015".
CHAPTER 9. - Amendment of the Act of 21 April 2007
relative to the internment of persons with mental disorder
Art. 31. In section 157 of the Act of April 21, 2007 on the Internship of Persons with Mental Disorder, amended by the Acts of July 24, 2008 and December 28, 2011, the words "and not later than 1^er January 2013" are replaced by the words "and no later than 1^er January 2015".
Art. 32. This chapter comes into force on 1^er January 2013.
CHAPTER 10. - Amendment of the Act of 13 June 2006 amending legislation on the protection of youth and care for minors who have committed a crime
Art. 33. In section 65, paragraph 1^erthe Act of 13 June 2006 amending the legislation on the protection of youth and the care of minors who have committed an offence, as amended by the Act of 24 July 2008 on various provisions (II), and the Act of 29 December 2010 on various provisions (II), the words "on 1^er January 2013 » are replaced by the words "on 1^er January 2014".
Art. 34. This chapter comes into force on 1^er January 2013.
CHAPTER 11. - Amendment of the Act of 5 August 2006 amending certain provisions of the Judicial Code for electronic proceedings
Art. 35. Section 16 of the Act of 5 August 2006 amending certain provisions of the Judicial Code for electronic proceedings, replaced by the Act of 24 July 2008 on various provisions (II) and amended by the Act of 29 December 2010 on various provisions (II), is replaced by the following:
“Art. 16. Sections 2 and 3 come into force on 1^er January 2013.
Articles 4 to 15 come into force on 1^er January 2015.
The King may set a date in force prior to that referred to in paragraph 2 for each of these provisions. "
Art. 36. This chapter comes into force on 1^er January 2013.
CHAPTER 12. - Amendments to the Act of 19 July 2012
reform of the judicial district of Brussels
Art. 37. In Article 61 of the Law of 19 July 2012 on the Reform of the Judicial District of Brussels, paragraph 3 is supplemented by the words "and Article 31 comes into force on 1^er September 2013".
Art. 38. In Article 63, § 2, of the Act, the following amendments are made:
1° in paragraph 10, the words "in three months" are replaced by the words "in seven months" and the paragraph is supplemented by the following sentence:
"Priority is also given to those who made the application by 22 November 2012. »;
2° Paragraph 11 is supplemented by the following sentence:
"The King's prosecutor's substitutes for the French-speaking linguistic role designated to perform their duties at the King's Prosecutor's Office at the Brussels Court of First Instance are appointed ex officio to the Public Prosecutor's Office, if any, overcrowding, without the application of section 287sexies of the Judicial Code and without further swearing-in. »;
3° in paragraph 12, the words "in three months" are replaced by the words "in seven months" and the paragraph is supplemented by the following sentence:
"Priority is also given to those who made the application by 22 November 2012. "
Art. 39. In the Dutch text of Article 64, § 4, of the same law, the words "tot claw" are repealed.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given at Châteauneuf-de-Grasse, December 31, 2012.
ALBERT
By the King:
For the Minister of Justice, absent:
Deputy Prime Minister and Minister of Pensions,
A. DE CROO
Seal of the state seal:
For the Minister of Justice, absent:
Deputy Prime Minister and Minister of Pensions,
A. DE CROO
____
Note
(1) Session 2012-2013.
House of Representatives:
Documents. - Bill, 53-2572/001. - Amendments, 53-2572/002. - Report, 53-2572/003. - Text adopted by the commission (art. 77 of the Constitution), 53-2572/004. - Text adopted by the commission (art. 78 of the Constitution), 53-2572/005. - Text adopted in plenary and transmitted to the Senate (Article 77 of the Constitution), 53-2572/006.
Full report. - 19 and 20 December 2012.
Senate:
Documents. - Project transmitted by the House of Representatives, 5-1903 - No. 1. - Report, 5-1903 - No. 2. - Text adopted in plenary and subject to Royal Assent, 5-1903 - No. 3.
Annales du Sénat : December 21, 2012